Sunday, May 18, 2003

Crime and Website (But not CyberCrime)

India is supposed to be one of the countries in the world, where control of Law and order departments has been contraversial. The studies till now have suggested the ways to avoid the crimes but nobody could ever stop them from getting misused. Check the www.gunaah.com website. I didn't know there can be so many categories of crimes, like the cyber crimes, sex crimes, political crimes. I understand a simple term crime. It can be any the penulty for it has to be there.

Actually the crime is also measured in terms of the severity for its impact. The impact is less, the penulty is less. In my opinion the crimes has to be reciprocative when they are punished against. It can be an interested debate topic. Think that, if somebody kills a person, he can get a penulty as life imprisonment, why not the life sentence. Mahatma Gandhi said, we should punish the crime inside the criminal, not the criminal itself. So on that basic assessment, we need a whole life to get the cured person out of a criminal. The rapist can move out in India openly after 7 years at most term of prison, but the woman who has suffered the rape, loses her whole social as well as the health life and sometimes the whole LIFE.

Indian Penal Code 509, which punishes the "intent to insult the modesty of any woman by use of words, sounds, gestures, or the exhibition of any object in such a way as to intrude upon the privacy of a woman;"and Indian Penal Code 354, which punishes the assault or use of criminal force with any woman with the intention or knowledge that her "modesty will be outraged."

The societly does not allow a raped woman to be free from the accident. We cannot change the society, so soon, but we can stop the same crimes happening again. A disasterous example in India, is not an old history, where a lower caste woman was set on fire after she accused a upper caste man for raping her. (here is the story). In this case the man should be punished at the same level as the woman is being suffered. There can be so many cases which can be spoken of. Search more of them on IndiaCourts Online

Sarang Bhanage, one of my Advocate friends, was telling me that the judicial solutions in India are based on a sigle rule, "Let all guilty be set free, but not a single innocent should be punished". The rule allows all to defends to any extent, all are given equal and all possible chance to speak up and prove innocent before they are punished. The legal system is also based on another reference as "Equality among equals". Really I didnt understand this. Because, if this is true, the equality in Indian constitution is not exactly the way we learnt. The academic books has the changed, the "equality" we learnt is different than "Equality among equals". Everybody gets a chance to get to play around the legaslative infrastructure.